CHILD CUSTODY LAWYER VA

Child custody is never easy. As a Child Custody Lawyer VA, I can fight your custody in court and defend your legal rights in court.

read below how custody are assigned in court

Virginia has several categories of child custody available to families.

Sole custody, joint physical custody, joint legal custody, and others all offer different families different options to best suit their own unique family situations.

Custody disputes can be daunting.

They affect you, your finances, your time, and most importantly your child in profound ways.

Do not try to handle these issues by yourself; get an experienced Child Custody Lawyer VA from the American Lawyers Group.

Different Kinds of Child Custody in Virginia

There are several broad categories of child custody in Virginia (law section 20-124.2) that will give different parents different rights depending on the circumstances of each family. 

Here are some of the major categories of child custody.

Firstly, there is sole custody.  Sole custody of a child gives one parent the power to manage everything about the child. 

It is as if they are the only parent of the child. 

The parent who does not have sole custody can still potentially obtain visitation rights to see and be with the child, but they will not be able to make legal decisions for the child.  

Secondly, there is joint physical custody. 

Joint physical custody is when both parents share physical custody of the child and the custodial rights over the child. 

The children will typically move from parent to parent and spend equal time with each parent.

Joint legal custody allows each parent to make important legal decisions for the child despite the living arrangements of the child. 

Joint legal custody is good for parents who share philosophies on parenting and more or less want the same things for the child, but for whatever reason, the child lives with one parent for the majority of the time.

Third-Party Custody 

Third-party custody comes from Virginia placing the best interest of the child as the top priority of child custody cases. 

Of course, the biological parents of a child are the first choice to raise and parent that child, but when those parents are not fit to raise and care for the child the court will look to third parties. 

Courts will allow third-party custody on a case-by-case basis depending on the specific facts and circumstances of the case before the court. 

Usually, third parties are other relatives – aunts, uncles, and grandparents – or someone who can benefit the child and has a legitimate interest in caring for the child.

Visitation Rights

There are two kinds of visitation rights that can be obtained.  The far less common form of visitation is supervised. 

This means that while you spend time with the child, a family member or agency will be watching and supervising you. 

More commonly, courts will allow for unsupervised visitation rights. 

There are three ways to secure visitation rights: get a new court order, modify a court order, and enforce a court order.

Getting a court order is not easy.  It requires appearing in court and presenting a legal case that persuades a judge to grant an order allowing you scheduled time with your child. 

Court orders for visitation rights will take many factors into consideration, such as your schedule, the child’s schedule, and the school schedule.

Modifying an existing court order will require significant changes to the schedules or the parents or child that make the original court order unworkable. 

Courts will work with both parents to make a schedule work, but the main focus of the court is always the best interest of the child.

Enforcing an existing court order will largely be done by talking to your attorney and telling them what is keeping you from visiting your child. 

Your attorney can file a motion to get your visitation rights enforced.

Factors the Court Will Consider

In determining custody and visitation, courts will consider several factors. 

These factors include the age and mental condition of the child and each parent, the needs of the child, any history of domestic abuse, the ability of the parents to care for the child, and more. 

Courts will weigh these factors keeping in mind that the primary goal of the court is the best interest of the child.

Why You Need a Child Custody Lawyer VA?

Child custody in Virginia can be difficult emotionally, draining financially, and difficult legally. 

You want to see your child and parent your child in the best possible way. 

The way to do that is to get the best kind of child custody for you and your child. 

Get an experienced Child Custody Lawyer VA from American Lawyers Group to determine the best course of action for you and your child.